Tina WyskCommercial Litigation Attorney

Knowledge library

Insights for business owners facing a dispute

The questions people ask before they hire a commercial litigator, answered plainly under Texas law, with the sources cited. Search by what happened to you, not by legal term.

274 guides, page 17 of 31Showing 145 to 153

Demand Letters & Pre-Litigation My Company Has Been Threatened With a Lawsuit. What Do I Do Now? A threat is not a lawsuit, and nothing is due in court yet. Preserve documents, check insurance, stop informal contact, assess the claim, then decide how and whether to respond. Read the guide 6 min Securities & Investment Disputes My Company Is Being Sued by an Investor. Defense Strategy First week: preserve documents, notify the D&O carrier, map the claims to the statutes. Then test forum, deadlines and the seller's statutory defenses before answering. Read the guide 6 min Employer Disputes & Non-Competes My Company Received an EEOC Charge. What Should We Do? An EEOC charge is a process, not a lawsuit: notice, a mediation offer, the position statement, then dismissal or a cause finding. The position statement matters most. Read the guide 7 min Securities & Investment Disputes My Company Received an SEC Inquiry. First Steps Preserve every document, route all contact through counsel, learn whether the request is voluntary or a subpoena, and decide on cooperation deliberately. Read the guide 6 min Construction & Payment Disputes My Contractor Never Finished the Project. What Can I Do in Texas? An abandoned project is a breach of contract in Texas. The owner can usually recover the extra cost to finish. The paperwork, termination and subcontractor liens decide how much. Read the guide 5 min Trade Secrets, Trademarks & IP My New Hire Is Accused of Bringing a Competitor's Trade Secrets. Defending the Company Hiring the person is not misappropriation. Using or keeping the files after you know where they came from is. Stop, preserve, segregate and answer the letter with counsel. Read the guide 7 min Shareholder, Partnership & LLC Disputes My Partner Is Taking Money From the Company. What Can I Do? Secure the evidence, demand the records in writing, then choose the claim: fiduciary breach, conversion, civil theft, fraud or an accounting. Courts can stop the bleeding fast. Read the guide 5 min Shareholder, Partnership & LLC Disputes My Partner Started a Competing Business. Is That Legal? A current general partner who competes breaches the duty of loyalty. For an LLC member the agreement decides. After departure only a non-compete or trade secret law applies. Read the guide 6 min Shareholder, Partnership & LLC Disputes My Partner Will Not Share the Books. An LLC Member's Right to Records in Texas A Texas LLC member can demand records in writing for a proper purpose, and the company must produce them. Refusal makes the company liable for your attorney's fees. Read the guide 5 min
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